ColorID Distribution Legal Information

THE DESCRIPTION BELOW INCLUDES ALL OF COLORID’S SALES TERMS AND CONDITIONS WHICH FOLLOW. ACCEPTANCE IS LIMITED TO THE TERMS AND CONDITIONS CONTAINED HEREIN.

1. PRICE: The purchase price of the Equipment shall be as set forth above. Unless otherwise specified above, the purchase price is FOB, Cornelius, North Carolina. Any applicable surcharges, sales taxes, excise taxes, customs expense, tariffs, duties, or the charges imposed by any government authority shall be added to the purchase price.

2. TERMS: If for any reason prior to the time payment is due as heretofore provided Buyer should default in any of its covenants, agreements with ColorID, LLC. (“ColorID”), then ColorID may at its option declare the entire unpaid balance due and payable or demand guarantees or assurances that payment will be made.

3. DELIVERY: (a) The place of delivery shall be at the facilities of ColorID, Cornelius, North Carolina. Any delivery date stated above is tentative and subject to Method and route of shipment are at ColorID’s discretion, unless the Buyer supplies explicit instructions. All shipments are made at the Buyer’s risk. Identification of the goods to the contract shall occur as each shipment is placed in the hands of the carrier. (b) Buyer agrees to accept delivery promptly, and Buyer shall pay any demurrage or other costs accrued due to Buyer's delay in accepting delivery, and shall reimburse ColorID on demand for any such demurrage or other costs which ColorID has paid. (c) If delivery is to be made in installments, Buyer agrees that if Buyer defaults in accepting any installment then ColorID may, at its sole option, treat such default as a breach of the entire Agreement. (d) any limitation or control placed upon ColorID by the United States government or any other government having authority over the manufacturing sale or shipment of any part of the Equipment. In any event ColorID shall not be responsible for failure to ship or delay in shipping due to fire, flood, accident, labor difficulties, inadequacy of transportation facilities or of the supply of power, labor, or raw materials, war, acts of the public enemy, compliance with any allocation policy of any government or any department hereof, or any cause beyond the control, of ColorID, and the Buyer's obligations hereunder shall continue notwithstanding any such failure to ship or delay in shipping. Furthermore, ColorID shall not in any case be liable for penalties or for special or consequential damages caused by its failure to ship or delay in delivery for any reason.

4. RISK OF LOSS: Risk of loss or damage to the Equipment shall pass to Buyer on the date of delivery regardless of whether or not ColorID shall retain title to or a security interest in the Equipment after delivery.

If Buyer requires a product shipment to guarantee a signature on receipt, they must include instructions on order and pay any applicable extra fees for this service.

5. DEFAULT: Buyer shall be in default under this Agreement if: (a) Buyer fails or refuses to accept delivery, or (b) Buyer fails or refuses to make any payment when due and payable, or (c) Any warranty representation or statement made by Buyer to ColorID in connection with this Agreement proves to have been false when made, or (d) Any bankruptcy or insolvency proceedings are begun by or against Buyer or Buyer makes any assignment for the benefit of creditors, or (e) Any event occurs which causes the acceleration of the maturity of any indebtedness of Buyer to any other person, or (f) Buyer defaults in any other agreement between Buyer and ColorID.

6. ColorID’S RIGHTS UPON DEFAULT: Upon default by Buyer, or at any time thereafter, ColorID at its option may declare the entire unpaid balance of the purchase price hereunder along with any other sums owed hereunder, immediately due and payable and shall have all the rights and remedies available under the Uniform Commercial Code. If ColorID is granted or retains a security interest in the Equipment, (a) ColorID may enter upon any premises on which the Equipment or any part of the Equipment may be located and removed the same therefrom; (b) ColorID may require Buyer to assemble the Equipment and make it available at a location which ColorID chooses so that ColorID may take possession of the Equipment and dispose of it; (c) ColorID may at its option sell the Equipment at public or private sale or otherwise dispose of the Equipment at any place whatsoever to the highest bidder, or on the most favorable terms in ColorID's discretion. ColorID will give Buyer reasonable notice of the time and place of any public sale or the time after which a private sale or any other intended disposition hereof is to be made. The requirement of reasonable notice will have been met if such notice is mailed, postage prepaid, at least five (5) days before the time of the sale or disposition. Expenses of retaking, holding, preparing for sale, selling or the like including ColorID's reasonable attorney's fees and legal expenses shall be borne by Buyer. The proceeds of any such sale or disposition shall first be applied to the aforesaid expenses and then to the amount due and payable hereunder, and Buyer shall be responsible for any deficiency.

7. TITLE: ColorID and Buyer agree that title in and to the Equipment shall remain in ColorID until the full purchase price as provided herein shall be paid by Buyer.

8. WARRANTY: As ColorID’s sole warranty, ColorID warrants that the Equipment meets the description contained herein. Buyer acknowledges that the Equipment is manufactured by companies other than ColorID, and as sole remedy, Buyer acknowledges that ColorID shall assign all of its rights in any manufacturers’ warranty to the Buyer. In no event shall ColorID be liable for consequential or special damages, or for transportation or other expenses which may arise in connection with such Equipment or parts. THIS WARRANTY IS EXPRESSLY MADE IN LIEU OF ANY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.IN NO EVENT, SHALL ColorID BE LIABLE FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING BUT NOT LIMITED TO CLAIMS FOR LOST PROFITS, BUSINESS INTERRUPTION OR LOST EFFICIENCY OR FOR TRANSPORTATION, INSTALLATION, ADJUSTMENT, OR OTHER EXPENSES WHICH MAY ARISE IN CONNECTION WITH SUCH EQUIPMENT OR PARTS.

As ColorID’s sole warranty for Equipment manufactured by ColorID, ColorID warrants that the Equipment meet the description contained herein. ColorID agrees to replace or, at its option, to repair any Equipment or parts thereof which are found defective in material or workmanship within 30 days from date of delivery. ColorID's obligation with respect to such Equipment or parts shall be limited to replacement or repair, at ColorID’s option, F.O.B., ColorID, Cornelius, North Carolina.THIS WARRANTY IS EXPRESSLY MADE IN LIEU OF ANY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.IN NO EVENT, SHALL ColorID BE LIABLE FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING BUT NOT LIMITED TO CLAIMS FOR LOST PROFITS, BUSINESS INTERRUPTION OR LOST EFFICIENCY OR FOR TRANSPORTATION, INSTALLATION, ADJUSTMENT, OR OTHER EXPENSES WHICH MAY ARISE IN CONNECTION WITH SUCH EQUIPMENT OR PARTS.

9. SALES AND USE TAX: If ColorID has not collected sales tax from you at the time of your purchase, you may have state requirements to report all purchases that are not taxed and pay use tax on those purchases. For more information, please visit your state's department of revenue website. For our Tax Exempt Customers, ColorID does NOT collect sales tax when we have your current exemption certificate on file.

10. LIMITATION OF LIABILITY: It is understood and agreed that ColorID's liability whether in contract, in tort, under any warranty stated above, in negligence or otherwise shall not exceed the return of the amount of the purchase price paid by Buyer for the Equipment in question. The purchase price stated for the Equipment is a consideration in limiting ColorID's liability hereunder. No action, regardless of form, arising out of the transactions under this Agreement may be brought by Buyer more than one year after the cause of action has accrued.

11. COMPLIANCE: The Buyer agrees to instruct its employees, agents and customers with respect to the safe use of said Equipment. The Buyer agrees that the Equipment will be utilized in accordance with all applicable laws and regulations and in compliance with any regulatory or governmental agency that has jurisdiction over such matters. Since ColorID has no control over the Buyer’s (or other’s) use of the Equipment, the Buyer assumes the entire responsibility thereof and agrees to indemnify and hold ColorID harmless from any claim, demand or cause of action by Buyer, Buyer’s employees and/or others arising therefrom.

12. ADDITIONAL TERMS: (a) Buyer and ColorID agree that this Agreement shall be deemed to have been made in and shall be construed in accordance with the laws of the State of North Carolina, and Buyer hereby consents to subject itself to the jurisdiction of the courts of the State of North Carolina. ColorID, at its option, may require that any dispute arising under this Agreement, either before or after default by Buyer, shall be submitted to arbitration in Charlotte, North Carolina under the rules of the American Arbitration Association or its successor, and the results of such arbitration shall be binding upon the parties. (b) The amount of the present or future sales, revenue, excise, or other taxes applicable to the Equipment listed herein shall be added to the purchase price and shall be paid by the Buyer, or in lieu thereof the Buyer shall provide ColorID with a tax exemption certificate acceptable to the taxing authorities. (c) In the event of Buyer’s cancellation of this Agreement prior to delivery for any reason, Buyer shall pay at least the following stipulated damages which shall include, but are not limited to all costs and expenses incurred by ColorID in obtaining and processing the order, any special engineering costs and commitments incurred by ColorID prior to the time of cancellation, and the cost of any Equipment or parts thereof already produced which ColorID cannot reasonably use to fill other firm orders in hand at the time of cancellation. (d) Any returns of Equipment shall be subject to the then current ColorID Return Policy. ColorID will only accept returns of products sold by ColorID. ColorID cannot accept returns of any products that: a) have custom manufacturing; or b) have special encoding or programming applied to them; or c) have custom printing on them. All returned products must be in their original condition and be in their original packaging. Certain products cannot be returned to ColorID after 25 days, because ColorID does not stock these products and the manufacturer or distributor of the product will not take returns after this period. Product can only be returned after ColorID authorizes the return and have issued a Return Merchandise Authorization number (RMA number) to the customer. All returns are subject to full inspection by ColorID on their return. In no case will a return be accepted for product delivered over 90 days prior to the return. Some returns will be subject to a restocking fee. (e) This Quotation and these Terms and Conditions constitute the entire agreement between the parties hereto with regard to the subject matter hereof. No course of prior dealings between the parties and no usage of trade shall be relevant or admissible to supplement, explain, or vary any of the terms of this Agreement. Acceptance of, or acquiescence in, a course of performance rendered under this or any prior agreement shall not be relevant or admissible to determine the meaning of this Agreement. No other representations, understandings, or agreements have been made or relied upon in the making of this Agreement other than those specifically set forth herein. This Agreement can only be modified in a writing signed by the parties or their duly authorized agents. (f) All of ColorID's rights hereunder are separate and cumulative, not one of them, whether or not exercised, shall be deemed to be an exclusion of any other rights and shall not limit or prejudice any other legal or equitable right which ColorID may have. (g) If any provision, or part thereof, shall be judicially declared invalid, void or unenforceable, each and every other provision, or part thereof, nevertheless shall continue in full force and effect. (h) No term or provision hereof shall be deemed waive, and no breach excused unless such waiver or consent shall be in writing and signed by the party against whom the waiver or consent is asserted. (i) This Agreement shall be binding upon and shall inure to the benefit of the parties, their legal representatives, successors and assigns, provided that Buyer shall not assign this Agreement without ColorID's prior written consent. (j) All of ColorID’s quotations are good for 45 days unless stated otherwise specifically in the quote.(k) When a credit card is used to pay a ColorID invoice, an additional 3.0% credit card processing fee is added to the gross amount of the invoice, unless the payment is within ten (10) calendar days from invoice date, and the total amount is $10,000 or less.

Privacy Policy

ColorID, LLC PRIVACY POLICY

ColorID, LLC (ColorID) is committed to protecting the privacy of its users. This Privacy Policy (“Privacy Policy”) is designed to help you understand what information we gather, how we use it, what we do to protect it, and to assist you in making informed decisions when using our Service. Unless otherwise indicated below, this Privacy Policy applies to any website that references this Privacy Policy, any Company website, as well as any data the Company may collect across partnered and unaffiliated sites.

For purposes of this Agreement, “Service” refers to the Company’s service which can be accessed via our website at colorid.com or through our mobile application. The terms “we,” “us,” and “our” refer to the Company. “You” refers to you, as a user of Service.

I. CONSENT

By accessing our Service, you accept our Privacy Policy and Terms of Use, and you consent to our collection, storage, use and disclosure of your personal information as described in this Privacy Policy. In addition, by using our Service, or services across partnered and unaffiliated sites, you are accepting the policies and practices described in this Privacy Policy. Each time you visit our website, or use the Service, and any time you voluntarily provide us with information, you agree that you are consenting to our collection, use and disclosure of the information that you provide, and you are consenting to receive emails or otherwise be contacted, as described in this Privacy Policy. Whether or not you register or create any kind of account with us, this Privacy Policy applies to all users of the website and the Service.

II. INFORMATION WE COLLECT

We may collect both “Non-Personal Information” and “Personal Information” about you. “Non-Personal Information” includes information that cannot be used to personally identify you, such as anonymous usage data, general demographic information we may collect, referring/exit pages and URLs, platform types, preferences you submit and preferences that are generated based on the data you submit and number of clicks. “Personal Information” includes information that can be used to personally identify you, such as your name, address and email address.

In addition, we may also track information provided to us by your browser or by our mobile application when you view or use the Service, such as the website you came from (known as the “referring URL”), the type of browser you use, the device from which you connected to the Service, the time and date of access, and other information that does not personally identify you. We use this information for, among other things, the operation of the Service, to maintain the quality of the Service, to provide general statistics regarding use of the Service and for other business purposes. We track this information using cookies, or small text files which include an anonymous unique identifier. Cookies are sent to a user’s browser from our servers and are stored on the user’s computer hard drive. Sending a cookie to a user’s browser enables us to collect Non-Personal Information about that user and keep a record of the user’s preferences when utilizing our services, both on an individual and aggregate basis. The Company may use both persistent and session cookies; persistent cookies remain on your computer after you close your session and until you delete them, while session cookies expire when you close your browser. Persistent cookies can be removed by following your Internet browser help file directions. If you choose to disable cookies, some areas of the Service may not work properly.

III. HOW WE USE AND SHARE INFORMATION

Personal Information:

In general, we do not sell, trade, rent or otherwise share your Personal Information with third parties without your consent. We may share your Personal Information with vendors and other third-party providers who are performing services for the Company. In general, the vendors and third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide for the Company. For example, when you provide us with personal information to complete a transaction, verify your credit card, place an order, arrange for a delivery, or return a purchase, you consent to our collecting and using such personal information for that specific purpose, including by transmitting such information to our vendors (and their service providers) performing these services for the Company.

However, certain third-party service providers, such as payment processors, have their own privacy policies in respect of the information that we are required to provide to them in order to use their services. For these third-party service providers, we recommend that you read their privacy policies so that you can understand the manner in which your Personal Information will be handled by such providers.

In addition, we may disclose your Personal Information if required to do so by law or if you violate our Terms of Use.

Non-Personal Information:

In general, we use Non-Personal Information to help us improve the Service and customize the user experience. We also aggregate Non-Personal Information in order to track trends and analyze use patterns of the Service. This Privacy Policy does not limit in any way our use or disclosure of Non-Personal Information and we reserve the right to use and disclose such Non-Personal Information to our partners, advertisers and other third parties at our sole discretion.

IV. HOW WE PROTECT INFORMATION

We implement reasonable precautions and follow industry best practices in order to protect your Personal Information and ensure that such Personal Information is not accessed, disclosed, altered or destroyed. However, these measures do not guarantee that your information will not be accessed, disclosed, altered or destroyed by breach of such precautions. By using our Service, you acknowledge that you understand and agree to assume these risks.

V. YOUR RIGHTS REGARDING THE USE OF YOUR PERSONAL INFORMATION

You have the right at any time to prevent us from contacting you for marketing purposes. When we send a promotional communication to a user via Weebly, the user can opt out of further promotional communications by following the unsubscribe instructions provided in each promotional e-mail. Please note that notwithstanding the promotional preferences you indicate by either unsubscribing or opting out in the Settings section of the Site, we may continue to send you administrative emails including, for example, periodic updates to our Privacy Policy.

VI. WEEBLY

Our Service is hosted by Weebly, Inc. (“Weebly”). Weebly provides us with the online e-commerce platform that allows us to provide the Service to you. Your information, including Personal Information, may be stored through Weebly’s servers. By using the Service, you consent to Weebly’s collection, disclosure, storage, and use of your Personal Information in accordance with Weebly’s privacy policy available at https://www.weebly.com/privacy.

VII. LINKS TO OTHER WEBSITES

As part of the Service, we may provide links to or compatibility with other websites or applications. However, we are not responsible for the privacy practices employed by those websites or the information or content they contain. This Privacy Policy applies solely to information collected by us through the Service. Therefore, this Privacy Policy does not apply to your use of a third-party website accessed by selecting a link via our Service. To the extent that you access or use the Service through or on another website or application, then the privacy policy of that other website or application will apply to your access or use of that site or application. We encourage our users to read the privacy statements of other websites before proceeding to use them.

VIII. AGE OF CONSENT

By using the Service, you represent that you are at least 18 years of age.

IX. CHANGES TO OUR PRIVACY POLICY

The Company reserves the right to change this Privacy Policy and our Terms of Use at any time. If we decide to change this Privacy Policy, we will post these changes on this page so that you are always aware of what information we collect, how we use it, and under what circumstances we disclose it. Any such modifications become effective upon your continued access to and/or use of the Service five (5) days after we first post the changes on the website or otherwise provide you with notice of such modifications. It is your sole responsibility to check this website from time to time to view any such changes to the terms of this Privacy Policy. If you do not agree to any changes, if and when such changes may be made to this Privacy Policy, you must cease access to this website. If you have provided your email address to us, you give us permission to email you for the purpose of notification as described in this Privacy Policy.

X. MERGER OR ACQUISITION

In the event we (or Weebly) undergo a business transaction such as a merger, acquisition by another company, or sale of all or a portion of our assets, your Personal Information may be among the assets transferred. You acknowledge and consent that such transfers may occur and are permitted by this Privacy Policy, and that any acquirer of our (or Weebly’s) assets may continue to process your Personal Information as set forth in this Privacy Policy. If our information practices change at any time in the future, we will post the policy changes here so that you may opt out of the new information practices. We suggest that you check this Privacy Policy periodically if you are concerned about how your information is used.

XI. EMAIL COMMUNICATIONS & OPTING OUT

We will send you Service-related announcements on occasions when it is necessary to do so. For instance, if our Service is temporarily suspended for maintenance, or a new enhancement is released, which will affect the way you use our Service, we might send you an email. Generally, you may not opt-out of these communications, which are not promotional in nature. Based upon the Personal Information that you provide us, we may communicate with you in response to your inquiries to provide the services you request and to manage your account. We will communicate with you by email or telephone, in accordance with your wishes. We may also use your Personal Information to send you updates and other promotional communications. If you no longer wish to receive those email updates, you may opt-out of receiving them by following the instructions included in each update or communication.

XII. CONTACT US & WITHDRAWING CONSENT

If you have any questions regarding this Privacy Policy or the practices of this Site, or wish to withdraw your consent for the continued collection, use or disclosure of your Personal Information, please contact us by sending an email to support@colorid.com.

Last Updated: This Privacy Policy was last updated on Wed May 16 2018.​